Approved by OMB (September 2009)

Size: px

Start display at page:

Download "Approved by OMB (September 2009)"

Primrose Goodwin
5 years ago
Views:

1 1 of 5 10/31/2016 8:06 AM Federal Communications Commission Washington, D.C FCC 345 Approved by OMB (September 2009) APPLICATION FOR TRANSFER OF CONTROL OF A CORPORATE LICENSEE OR PERMITTEE, OR FOR ASSIGNMENT OF LICENSE OR PERMIT OF TV OR FM TRANSLATOR STATION OR LOW POWER TELEVISION STATION Read INSTRUCTIONS Before Filling Out Form Section I - General Information 1. Legal Name of the Licensee/Permittee SOUTHERN CALIFORNIA PUBLIC RADIO 480 CEDAR STREET FOR FCC USE ONLY FOR COMMISSION USE ONLY FILE NO. BAPFT ACA SAINT PAUL Telephone Number (include area code) FCC Registration Number: Call Sign K232EW 2. Contact Representative (if other than Licensee/Permittee) MELODIE VIRTUE 1000 POTOMAC STREET NW SUITE 200 WASHINGTON Telephone Number (include area code) MN FCCFILING@MPR.ORG Facility Identifier Firm or Company Name GARVEY SCHUBERT BARER DC MVIRTUE@GSBLAW.COM 3. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section ): Governmental Entity ncommercial Educational Licensee/Permittee Other (Fee Required) 4. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections (a) and )? If, list pertinent authorizations in an Exhibit. ZIP Code ZIP Code [Exhibit 1] NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "" response is provided. Section II - Assignor/Transferor 1. Certification. Licensee/permittee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Licensee further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application instructions and worksheets. 2. Application for (check only one box for A and B): A. Consent to Assignment of Construction Permit Consent to Transfer Control of Permittee Consent to Assignment of License Consent to Transfer Control of Licensee Amendment to pending application If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 2] B. TV Translator Low Power TV Station FM Translator Digital Low Power TV Digital TV Translator

2 2 of 5 10/31/2016 8:06 AM 3. Legal Name of the Assignor/Transferor SOUTHERN CALIFORNIA PUBLIC RADIO 480 CEDAR STREET SAINT PAUL MN Zip Code Telephone Number (include area code) FCCFILING@MPR.ORG If more than one transferor, submit the information requested in question 1 for each transferor. [Exhibit 3] 4. Contact Representative (if other than assignee) MELODIE VIRTUE Firm or Company Name GARVEY SCHUBERT BARER 1000 POTOMAC STREET NW SUITE 200 WASHINGTON DC Zip Code Telephone Number (include area code) MVIRTUE@GSBLAW.COM 5. Authorizations to be Assigned/Transferred. List call signs, locations and facility identifiers of all authorizations to be assigned/transferred. Include construction permits and file numbers. List main station authorizations and any FM and/or TV translator stations, LPTV stations, SCA, FM and/or TV booster stations, and associated auxiliary service stations. [Enter Station Information] List the authorized stations and construction permits to be assigned/transferred. Provide the Facility Identification Number and the Call Sign, or the Facility Identification Number and the File Number of the Construction Permit, and the location, for each station to be assigned/transferred. Include main stations, FM and/or TV translator stations, LPTV stations, FM and/or TV booster stations. Facility ID Number Call Sign or Construction Permit File Number State K232EW - VENTURA CA 6. Agreements for Sale/Transfer of Station. Licensee/permittee certifies that: a. it has placed in its station records and submitted to the Commission as an Exhibit to this application copies of all agreements for the sale/transfer of the station(s); b. these documents embody the complete and final understanding between licensee/permittee and assignee/transferee; and c. these agreements comply fully with the Commission's rules and policies. 7. Character Issues. Licensee/permittee certifies that neither licensee/permittee nor any party to the application has or has had any interest in or connection with: a. any broadcast application in any proceeding where character issues were left unresolved or were resolved adversely against the applicant or party to the a application; or b. any pending broadcast application in which character issues have been raised. 8. Adverse Findings. Licensee/permittee certifies that, with respect to the licensee/permittee and any party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another government unit; or discrimination. 9. Local Public tice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned/transferred, where that permit was acquired in an auction through the use of a bidding credit or other special measure. [Exhibit 4] [Exhibit 5] [Exhibit 6] [Exhibit 7]

3 11. Anti-Drug Abuse Act Certification. Licensee/permittee certifies that neither licensee/permittee nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section Anti-Discrimination Certification. Licensee/permittee certifies that neither licensee/permittee nor any party to the application have violated the Commission's prohibition against discrimination on the basis of race, color, religion, national origin or sex in the sale of commercially operated FM translator, TV translator, or low power television stations. [Exhibit 8] I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. Typed or Printed Name of Person Signing SYLVIA STROBEL Signature Typed or Printed Title of Person Signing ASSISTANT SECRETARY Date 10/28/2016 WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503). NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "" response is provided. Section III - Assignee/Transferee 1. Certification. Assignee/transferee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignee/transferee further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application instructions and worksheets. 2. Legal Name of the Assignee/Transferee MAJOR MARKET STATIONS, INC. P O BOX GLENDALE Telephone Number (include area code) CA Zip Code If more than one transferee, submit the information requested in question 1 for each transferor. [Exhibit 9] 3. Contact Representative (if other than assignee) MARK A. BALKIN 1080 WEST CAUSEWAY APPROACH Firm or Company Name HARDY, CAREY, CHAUTIN & BALKIN, LLP MANDEVILLE LA Telephone Number (include area code) Nature of Applicant. Assignee/transferee is: an individual a general partnership a for-profit corporation Zip Code a limited partnership a not-for-profit corporation a limited liability company (LLC/LC) other MBALKIN@HARDYCAREY.COM a. If "other", describe nature of applicant in an Exhibit. [Exhibit 10] 3 of 5 10/31/2016 8:06 AM

4 4 of 5 10/31/2016 8:06 AM 5. Agreements for Sale/Transfer of Station. Assignee/Transferee certifies that: a. the written agreements in the licensee/permittee's station records embody the complete and final agreement for the sale of the station(s) which are to be assigned; and these b. agreements comply fully with the Commission's rules and policies. [Exhibit 11] 6. Character Issues. Assignee/Transferee certifies that neither assignee/transferee nor any party to the application has or has had any interest in or connection with: a. any broadcast application in any proceeding where character issues were left unresolved or were resolved adversely against the applicant or party to the a application; or b. any pending broadcast application in which character issues have been raised. 7. Adverse Findings. Assignee/Transferee certifies that, with respect to the assignee/transferee and any party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another government unit; or discrimination. 8. Alien Ownership and Control. Assignee/Transferee certifies that it complies with the provisions of Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens and foreign governments. [Exhibit 12] [Exhibit 13] [Exhibit 14] 9. Financial Qualifications. Assignee/Transferee certifies that sufficient net liquid assets are on hand or are available from committed sources to consummate the transaction and operate the station(s) for three months. [Exhibit 15] 10. Rebroadcast Certification. For applicants proposing translator rebroadcasts who are not the licensee of the primary station, the applicant certifies that written authority has been obtained from the licensee of the station whose programs are to be retransmitted Primary station proposed to be rebroadcast: Facility ID Number Call Sign State KWRN APPLE VALLEY CA 11. a. Applicant certifies that it is not the licensee or permittee of the commercial primary station being rebroadcast and that neither it nor any parties to the application have any interest in or connection with the commercial primary station being rebroadcast. See 47 C.F.R. Section (d). [Exhibit 16] b. Applicant certifies that the FM translator s (a) coverage contour does not extend beyond the protected contour of the commercial FM primary station to be rebroadcast, or (b) entire 60 dbu contour is contained within the lesser of: (i) the 2 mv/m daytime contour of the AM primary station to be rebroadcast, or (ii) a 25-mile radius centered at the AM primary station s transmitter site. [Exhibit 17] NOTE: If to a. and b., and no waiver has been requested in an Exhibit, this application is unacceptable for filing. See 47 C.F.R. Section (d). If to a. and to b. applicant is prohibited from receiving any support, before or after construction, either directly or indirectly from the commercial primary station being rebroadcast or from any person or entity having any interest whatsoever, or any connection with the primary FM station. Interested and connected parties include group owners, corporate parents, shareholders, officers, directors, employees, general and limited partners, family members and business associates. See 47 C.F.R. Section (e). 12. Applicant certifies that it is in compliance with 47 C.F.R. Section (e), which prohibits a FM translator station whose coverage contour extends beyond the protected contour of the commercial FM primary station being rebroadcast, from receiving support (except for specified technical assistance), before, during, or after construction, directly or indirectly, from the primary station, or any person or entity having any interest in, or connection with, the primary station. [Exhibit 18] 13. Auction Authorization. Assignee/Transferee certifies that where less than five years have passed since the issuance of the construction permit and the permit had been acquired in an auction through the use of a bidding credit or other special measure, it would qualify for such credit or other special measure.

5 5 of 5 10/31/2016 8:06 AM [Exhibit 19] 14. Anti-Drug Abuse Act Certification. Assignee/Transferee certifies that neither assignee nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section Equal Employment Opportunity (EEO). If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report on FCC Form 396-A. I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the Communications Act of 1934, as amended.) Typed or Printed Name of Person Signing Typed or Printed Title of Person Signing MARILYNN KRAMAR PRESIDENT Signature Date 10/28/2016 WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503). Exhibits Exhibit 4 Description: AGREEMENTS FOR SALE OF THE STATION SEE ATTACHED. Attachment 4 K237EW Signed Purchase Agreement Description Exhibit 16 Description: PRIMARY STATION THIS APPLICATION IS BEING FILED SIMULTANEOUSLY WITH FCC FORM 349 AS A '250 MILE WINDOW APPLICATION' PURSUANT TO THE REVITALIZATION OF THE AM RADIO SERVICE, FIRST REPORT AND ORDER MB DOCKET NO (FCC 15142), RELEASED OCTOBER 23, THAT FCC FORM 349 IS CONTINGENT ON THE GRANT AND CONSUMMATION OF THIS APPLICATION. THE ASSIGNEE IS THE LICENSEE OF KWRN (FAC ID.33393), CALIFORNIA, WHICH IS THE COMMERCIAL PRIMARY STATION THAT WILL BE BROADCAST BY K232EW. AS DESCRIBED IN THE 250 MILE WINDOW APPLICATION, UPON CONSTRUCTION OF K232EW FACILITIES IN ACCORDANCE WITH THE MODIFICATIONS REQUESTED IN THAT APPLICATION, THE 60 DBU CONTOUR OF K232EW WILL NOT EXTEND BEYOND THE 2 MV/M CONTOUR OF KWRN OR 25 MILES FROM THE KWRN TRANSMITTER SITE. Attachment 16

Approved by OMB (January 2001)

Approved by OMB (January 2001) Federal Communications Commission Washington, D.C. 20554 FCC 345 Section I - General Information 1. Legal Name of the Applicant EDGEWATER BROADCASTING, INC. Mailing Address P.O. BOX 5725 Approved by OMB